CHARLOTTE BARRETT AND CHARLES BARRETT, SR., APPELLANTS,
v.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLEE
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A governmental entity can be held liable for injuries caused by defects that have existed long enough to be discovered through reasonable care.
Appellants sued the Department of Transportation after their car struck a large pothole. The central issue was whether the pothole had existed long en…
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PER CURIAM.
Appellants sued the appellee Department of Transportation following a single-car accident occasioned by appellants’ car striking a large pothole. At issue was whether the pothole had existed for a sufficient length of time to put the appellee on actual or constructive notice of its existence, such as might constitute negligence for its alleged failure to make timely repairs.
The trial court granted summary judgment in favor of the appellee. We reverse.
This case is almost on all fours with our sister court’s opinion in Martin v. Consolidated City of Jacksonville, 483 So. 2d 804 (Fla. 1st DCA 1986). Martin stands for the proposition that a governmental entity can be held liable for injuries occasioned by defects existing for a sufficient length of time to allow discovery by the exercise of reasonable care. Further, the Martin court held:
The length of time the hole existed, and whether or not it was sufficiently “visible” or “apparent” in the exercise of reasonable care are fact questions peculiarly within the province of the jury, unless the evidence, and all reasonable inferences and conclusions which may be drawn from it, would lead only to the conclusion that the City was not negligent.
Id. at 806.
This matter clearly presents an issue of fact for the jury as to how long the pothole was present, as well as the size of the pothole, as it would relate to actual or constructive notice to appellee. The trial court erred in granting summary judgment.
Accordingly, we reverse and remand for further proceedings consistent with this opinion.
GLICKSTEIN and POLEN, JJ., and ESQUIROZ, MARGARITA, Associate Judge, concur.
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Lisanti v. City OF Port Richey, 787 So. 2d 36 (Fla. 2d DCA 2001)…reasonable care.” Turner, 651 So. 2d at 828 (quoting Martin v. Consolidated City of Jacksonville, 483 So. 2d 804, 806 (Fla. 1st DCA 1986)). We must reverse the summary judgment, as the Fourth District did in Barrett v. Department of Transportation, 546 So. 2d 1175, 1176 (Fla. 4th DCA 1989), because “[t]his matter clearly presents an issue of fact ... as to how long the pothole was present, as well as the size of the pothole, as it would relate to actual or constructive notice to appellee.” We note that Lisant…1 / 2
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Trainor v. PNC Bank, 211 So. 3d 366 (Fla. 5th DCA 2017)…might constitute negligence for the Appellees’ alleged failure to make timely repairs are material issues of fact that remain. Turner v. Winn-Dixie Food Stores, Inc., 651 So. 2d 827, 828 (Fla. 5th DCA 1995) (citing Barrett v. State Dep’t of Transp., 546 So. 2d 1175 (Fla. 4th DCA [*370] 1989); Martin v. Consol. City of Jacksonville, 483 So. 2d 804 (Fla. 1st DCA 1986)). Accordingly, the trial court erred in entering summary judgment in regards to the theory alleged by Ms. Trainor that Appellees breached their du…
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Rosemond Turner v. Winn-Dixie Food Stores, Inc., 651 So. 2d 827 (Fla. 5th DCA 1995)…at the plaintiff knew of the condition goes to his comparative negligence, and not to the defendant’s liability in the first instance. See Hoffman v. Jones, 280 So. 2d 431 (Fla.1973)” (other citations omitted). In Barrett v. State Dept. of Transp., 546 So. 2d 1175 (Fla. 4th DCA 1989) the fourth district addressed the question, “whether the pothole had existed for a sufficient length of time to put [the Department] on actual or constructive notice of its existence, such as might constitute negligence for [the…
Authorities Cited
- Rumlin v. State, 483 So. 2d 804 (Fla. 1st DCA 1986)
- Martin v. The Consol. City OF Jacksonville, 483 So. 2d 804 (Fla. 1st DCA 1986)